Donate Here

News and Investigations

Homelessness Isn’t a Crime and Shouldn’t Stop You Getting Bail

A new court ruling reaffirms that people shouldn’t be treated differently if they are experiencing homelessness.

Rosie Heselev is About Time's Editor-in-Chief and contributing writer.

Willy Pleasance

A judge in Victoria has ruled that a lack of stable housing in the community shouldn’t be used as a reason to deny someone bail, particularly when it involves a First Nations person.

A 25-year-old First Nations man was denied bail in mid-July last year after it was found that he posed an unacceptable risk of offending in the community.

At an appeal at the Supreme Court, Justice Rita Incerti heard that the man had experienced homelessness and unstable housing for most of his adult life.

While a lack of housing is one of the most common reasons that someone is denied bail, the judge said that decision-makers must be “incredibly careful” not to treat people “punitively” because they are experiencing homelessness.

“It would be setting the applicant up to fail…if bail was refused, and thus his access to these protective factors was denied, simply because of the shortage of accommodation available to him,” Justice Incerti found.

“That comes dangerously close to punishing the applicant simply for being homeless.”

The judge ruled that the man did not pose an unacceptable risk of offending and that he should be released on bail.

The same case also highlighted the importance of considering someone’s Aboriginality when making a bail decision.

This should be more than just a “box-ticking exercise”, Justice Incerti found.

“It requires a decision-maker to look beyond the personal circumstances of the applicant and to the entrenched disadvantages of a class of people of which the applicant in this case is a part.”

The case affirms that homelessness should not be a factor on its own leading to someone being denied bail, and that if they are a First Nations person, this must be given proper consideration in this process too.

The judge ruled that the man did not pose an unacceptable risk of offending and that he should be released on bail.

The same case also highlighted the importance of considering someone’s Aboriginality when making a bail decision.

This should be more than just a “box-ticking exercise”, Justice Incerti found.

“It requires a decision-maker to look beyond the personal circumstances of the applicant and to the entrenched disadvantages of a class of people of which the applicant in this case is a part.”

The case affirms that homelessness should not be a factor on its own leading to someone being denied bail, and that if they are a First Nations person, this must be given proper consideration in this process too.

This
article
was originally printed in the
June 2026
edition of About Time.
By Denham Sadler

After decades of campaigning, the state will scrap an offence punishable by up to a year in prison, shifting the response to poverty and homelessness away from policing.

ONLINE NEWS
2 MIN READ
By Denham Sadler

Victoria Police now have the power to secretly access the financial records of anyone as part of investigations of all crimes under a last-minute amendment passed by Parliament quietly last week.

ONLINE NEWS
2 MIN READ
By About Time

Including a man being unlawfully kept in prison for months after his release date in SA, the findings from the Capricornia Inspection in QLD, upcoming inspections in WA and more.

ISSUE NO. 26
5 MIN READ
By Denham Sadler and Edith McLellan

The NSW government has detailed a new statewide mental health emergency response model centred on paramedics responding to people who are in crisis in some cases, instead of police.

ISSUE NO. 26
2 MIN READ

Welcome to About Time

About Time is the national newspaper for Australian prisons and detention facilities

Your browser window currently does not have enough height, or is zoomed in too far to view our website content correctly. Once the window reaches the minimum required height or zoom percentage, the content will display automatically.

Alternatively, you can learn more via the links below.

Donations via GiveNow

Email

Instagram

LinkedIn

Get All the Latest News From About Time in Your Inbox

Be the first to read each edition online and receive two newsletters each month filled with news stories, experiences, creativity and the voices of people in prison around the country.

X

X

You've successfully registered!
Something went wrong when we tried to register your details. Please try again.